DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Specification
The disclosure is objected to because of the following informalities:
Page 2, line 27: “radiating” appears instead of “irradiating”
Page 9: line 26: the specification contains an incorrect statement when it states “the emitted pulses … are quanta of electromagnetic energy”. A quantum of electromagnetic energy is a photon. A photon is indivisible; electromagnetic radiation is emitted and absorbed as individual photons. A pulse is not a photon. See “Photons and Electromagnetic Radiation _ Digestible Notes”, included in PTO-892 as https://digestiblenotes.com/physics/particles/electromagnetic_radiation.php, attached)
Page 10, line 3: “each successive sets” appears instead of “each successive set”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The application indicates a symbol fC as standing for the center frequency of an emitted pulse (page 6, line 26; page 7, line 15). One may take an exemplary frequency for fC to correspond to a wavelength of 3000 Angstrom, or 3 x 10-7 m, thus an exemplary frequency of 1015 Hz. For a small fractional Doppler shift of, say, Ɛ, an exemplary Doppler shifted frequency would then be fD = (1 ± Ɛ) x 1015 Hz. Then equation (2) of the specification implies that the relative velocity V between the system 100 and the target 102 can be determined as (c/2) (1 ± Ɛ), that is, in a small neighborhood around c/2, c being the speed of light in the associated medium. No terrestrial land or atmospheric speed of the source or target would attain this value. Consequently, it cannot be said that Applicants have possession of the claimed invention, thus supporting a finding of lack of written description support in the specification.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The application indicates a symbol fC as standing for the center frequency of an emitted pulse (page 6, line 26; page 7, line 15). One may take an exemplary frequency for fC to correspond to a wavelength of 3000 Angstrom, or 3 x 10-7 m, thus an exemplary frequency of 1015 Hz. For a small fractional Doppler shift of, say, Ɛ, an exemplary Doppler shifted frequency would then be fD = (1 ± Ɛ) x 1015 Hz. Then equation (2) of the specification implies that the relative velocity V between the system 100 and the target 102 can be determined as (c/2) (1 ± Ɛ), that is, in a small neighborhood around c/2, c being the speed of light in the associated medium. No terrestrial land or atmospheric speed of the source or target would attain this value. Consequently, it cannot be said that Applicants have enabled the claimed invention, thus supporting a finding of lack of enablement.
The included equation on page 7, line 23, is incorrect; the reciprocal of frequency is period, not wavelength; an additional multiplication by the speed of propagation of the wave is required to arrive at the wavelength.
Applicant is encouraged to pursue further edification on the subject matter of quantum theory, electromagnetic theory, and Einstein’s receipt of the Nobel Prize in physics for his discovery and explanation of the Photoelectric Effect.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The references made herein are done so for the convenience of the applicant. They are in no way intended to be limiting. The prior art should be considered in its entirety.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL L MURPHY whose telephone number is (571)270-3194. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Isam Alsomiri can be reached at 571-272-6970. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL L MURPHY/Primary Examiner, Art Unit 3645